Find your new home:

Transactional Brokerage

Transactional Brokerage and Facilitation under Massachusetts Law

Effective July 1st, 2005, legislation was passed in Massachusetts giving greater definition to the roles and responsibilities of all licensees and expanding the number of relationships available to the public with licensees.

Below is a comparison of the duties of agents under the new law and the duties of the transaction broker, also known as facilitator. We at Harsch Associates have further defined, as permitted under state law, the precise duties and nature of the services we provide under facilitation.

Agent’s Duties to client as stated in the Massachusetts Mandatory Licensee-Consumer Relationship Disclosure

undivided loyalty

reasonable care

full disclosure

obedience to lawful instruction

confidentiality

accountability

client’s interests come first in negotiating best price and terms

Note: Client is vicariously liable for the acts of their agent and sub-agent

Agent’s Duties to consumer under the law

present property honestly and accurately

full disclosure of known condition and defects

demonstrate level of skill and knowledge expected of licensee

accounting of funds entrusted

Facilitator/Transaction Broker Duties to consumer as defined by Massachusetts statute and by Harsch Associates' company policy

present property and buyer qualifications honestly and accurately

full disclosure of known property condition and known defects

full accounting of funds

demonstrate skill and knowledge appropriate to profession

on request, provide current market data to the parties to assist them in formulating a suitable listing price or offering price

maintain confidentiality for the parties to the transaction

use all reasonable efforts to locate a suitable buyer or property

assist the parties to reach agreement on the terms of the transaction without having the duty to pursue the interests of one party over the other

Note: There is no vicarious liability exposure to the consumer within a facilitator/transaction broker relationship

Following are the various types of relationships that can occur between consumer and licensee within the same transaction:

Seller’s Agent

Buyer is unrepresented

Buyer is represented by buyer’s agent from a different firm

Buyer engages the services of a facilitator/transaction broker

Buyer’s Agent

Seller is unrepresented

Seller is represented by seller’s agent (different firm)

Seller has facilitator/transaction broker assisting

Designated Agency

Buyer has a designated buyer’s agent within a firm

Seller has separate designated agent within the same firm

Buyer or seller may alternatively elect facilitation/transaction brokerage assistance while other party has an agency relationship within same firm

Buyer or seller may be unrepresented while other party has agency relationship within same firm

Disclosed Dual Agency

Buyer and seller have entered into agency relationships within a single agency firm (not Designated Agency firm) and end up in the same transaction and consent to dual agency, thus yielding certain agency duties otherwise available, namely items 1 and 7 on previous page under Agent's Duties.

Facilitation/Transaction Brokerage

Buyer and/or seller may have a facilitator relationship with licensee either within the same firm or in separate firms. No conflicts exist. Facilitator may work with unrepresented consumer or other party’s agent.

Log in to see your saved listings or edit your searches:

No account? Sign up now to save searches, listings, and get tailored listing notifications. It's free, opt-out anytime.

Pownal VT Real Estate

Contact Us:

Testimonials

April 10, 2012
From: Berkshire Community Action Council, Inc., Pittsfield MA
Dear Mr. Paul Harsch,
I want to express my appreciation for your generosity in support of Berkshire Community Action Council in emergency heating assistance. Your assistance means so much to BCAC as well as our community. Thank you from all of us.
Sincerely
Aleta Moncecchi

Dear Paul,
Jean and I want to thank you for all you have done to help sell our home in Pownal when many said it would take months or even a year to do that in this present market. In four days after your listing we had a buyer, and we were astonished, and really not prepared for that to happen.
Over the years we have been pleased to work with you on other sales, for you have always been a knowledgeable professional and a gentleman. You have always followed [...]

Dear Paul:
Last November Jim and I decided to start the search for a retirement home in the Berkshires. We really wanted to be within close proximity to Williams College, good healthcare, Tanglewood, and of course the great outdoors.
We searched the internet for a good reliable real estate agency, and after reading favorable comments about your agency decided that we would visit Williamstown for the weekend and stop in to see if someone could be of [...]

Jim & Sheila

RE: Listing and Sale of 696 West Shaft Road, North Adams, MA 01247
Dear Mr. Harsch:
Barb and I are simply amazed that your listing of our home, and your expert guidance in this matter, were the major factors in our sale on November 21, 2008, and with a satisfactory sale price given the present housing market turmoil.
Our initial instincts in [...]

12/25/2017
Dear Paul,
After all we went through the last six months I needed a few days
to think over everything over before writing you. Because I have known you
and your excellent reputation for probably 30 years there was no question
who Dianne and I wanted to help us with the sale of our home. Little did I
know or could imagine what we would go through over the last six months.
When the interior was destroyed in a broken pipe flood [...]

Ben and Diane Glick

July 29,2011
" Paul
Thanks for all your efforts with making this property work. I rarely see a
broker put so much effort into a property. Without question you are the broker
that I will recommend in all the areas that you cover.
Regards,

T. Jonsson, CCIM and MA Certified General Real Estate Appraiser"

5-27-2011
Dear Paul, Your check is enclosed. Thank you again for all your hard work in gettting a closing for us within 1 year-great job! It was a pleasure to work with you and we love recommending you to others. Joanne and AL
I realy enjoyed touring homes in Berkshire County with my Harsch Associates agent. It was [...]

“….I just wanted to say that I think you’re an incredible agent and really know your business! When I do decide to find something I am definitely calling you!” Dawn Hudlow

Dear Paul, What a wonderful experience working with you to find our vacation home! We feel so fortunate to have found you. Your competence in every realm--the ins and outs of the real estate market, knowledge of how homes are constructed and maintained, staying on top of every detail along the way--was impressive. We have worked with many good real estate agents over the years, but you stand out as someone who is truly gifted. You negotiated on our behalf in a manner [...]

April 10, 2012
From: Berkshire Humane Society, Inc., Pittsfield MA
Dear Paul,
Thank you so much for your generous contribution to the Berkshire Humane Society. I am pleased to inform you that your donations were applied to the Ken Freeberg Special Needs Fund- Spay/Neuter program. This is a fund that we use almost on a monthly basis for surrendered pets that need special care.
Again on behalf of our homeless animals thank you for thinking of Berkshire [...]

June 14, 2013
Dear Paul and Kevin,
Guilietta and I would like to express our heartfelt thanks for your constant guidance and support during the sale of our house in Williamstown. You were there every step of the way. Indeed, it is no exaggeration to say that you often went well beyond the call of duty, a fact appreciated all the more as our primary home was located 135 miles away from Williamstown and we couldn't always be there when [...]